The United States of America has the highest mortality rate for women during childbirth than any other developed country. Pregnancy-related deaths in the United States have risen since 2000 while other countries’ rates have gone down. Recently, the New England Journal of Medicine has called for standardized care for the treatment of women in labor in an attempt to reduce the number of pregnancy-related deaths due primarily to heavy bleeding after delivery, elevated blood pressure, and blood clots before or after delivery as reported in a recent article by NPR.ORG.

The reports and results are disturbing as the birth of a child should be one of the most beautiful moments of a parent’s life. Many people associate medical malpractice during childbirth as causing injuries to the infant. However, as those familiar with New York Medical Malpractice law know, there are numerous reported cases of injuries sustained by the mother giving birth, with many of those injuries resulting in death.

At Queller, Fisher, Washor, Fuchs & Kool, our New York medical malpractice lawyers have decades of experience handling medical malpractice lawsuits involving injuries to woman as a result of medical negligence during the birthing process. As is evident from the above article, there appears to be a growing disconnect between the medical profession and the proper medical care of woman giving birth.

U.S. News & World Report released their annual listing of “Best Law Firms” rankings. Queller, Fisher, Washor, Fuchs & Kool, LLP was included in the New York City rankings in three practice areas – Personal Injury Litigation – Plaintiffs, Medical Malpractice Law – Plaintiffs and Product Liability Litigation – Plaintiffs. The partners and staff are truly honored to receive this recognition and wish to thank everyone, especially our satisfied clients and legal peers.

All of the attorneys at Queller, Fisher, Washor, Fuchs & Kool are extremely experienced and well versed in handling all types of personal injury claims. Indeed, personal injury law is the only type of law that we practice. We understand that your individual matter is your only case and the outcome can be critical to the future of yourself and your family. Our attorneys are selective about the cases we take, which allows us to concentrate on representing clients who have been seriously injured or killed in New York.

Drunk driving continues to plague our country and state. This time, a drunk driver drove his vehicle into a troop of Boy Scouts on Sunday, September 30, 2018, just before 2:00pm. The accident occurred in Manorville, New York in Suffolk County on David Terry Road. According to a report by the Riverhead Patch, Boy Scout Troop 161 out of Shoreham, were hiking along the shoulder of the road, when Thomas Murphy of Holbrook drove into them in his 2016 Mercedes.

Five of the boy scouts were struck in this tragic accident, with a 12-year old Andrew McMorris of Wading River dying as a result. The 4 other boys were transported to area hospitals, with one of the boys having sustained serious injuries as a result. Thoughts and prayers are with the victims and their families as a result of this senseless and avoidable tragedy.

It is unfathomable as a parent to lose one’s child under these circumstances. Drunk driving continues to be a source of tragedy and outrage in our society, yet it keeps happening. From a legal perspective, victims and families of victims have civil legal recourse against the drunk driver, but that does not bring a loved one back nor does it fully heal the injuries sustained as a result. The criminal justice system seems to provide little deterrence as these types of accidents continue to occur.

We are proud to announce that tow of our partners, Barry A. Washor and Christopher L. Sallay, have been named to the 2019 Best Lawyers list. Barry was named to the 2019 Best Lawyers list in the areas of “Medical Malpractice Law – Plaintiffs” and “Personal Injury Litigation – Plaintiffs”. Chris was named to the 2019 Best Lawyers list in the areas of “Personal Injury Litigation – Plaintiffs” and “Product Liability Litigation – Plaintiffs”.

Barry has been included in the New York Best Lawyers list since 2010. Chris has been included in the New York Best Lawyers list since 2016.

The partners and staff of Queller, Fisher, Washor, Fuchs & Kool, LLP congratulate both Barry and Chris for this outstanding recognition.

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

Involved in a motor accident? Watch the video below to learn what you could do!

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

Many people often assume a motor vehicle accident always involves a car. While the majority of motor vehicle accidents in New York will involve a car, attorneys practicing in New York understand that motor vehicle accidents can and often do involve any number of different motor vehicles, as well as bicycles, in-line skaters and pedestrians. Victims of these types of motor vehicle accidents often face severe injuries, such as broken bones, scarring, head trauma, and amputations; in some cases these injuries can prove fatal.

A recent report by the New York Daily News concerning injuries sustained by the famous actor, George Clooney, serves as a perfect illustration for the types of accidents that can occur with vehicles other than a car. According to the article, Mr. Clooney was operating his scooter in Sardinia and was on his way to a movie set. A collision occurred between his scooter and another motor vehicle – in this case, a car. As a result, Mr. Clooney was hospitalized with injuries, the extent of which remain undetermined.

In New York, a proper legal analysis would include an evaluation of the relative fault of each of the parties involved in the accident as well as the nature of the injuries sustained. Since the reported accident involved a motorized scooter, as well as a car, it must be determined what laws govern the operation of a motorized scooter. In New York, a motorized scooter is considered to be a motorcycle and is required to be registered as such. New York attorneys familiar with motorcycle accidents will have a complete understanding of the law associated with motorcycle use and the issues surrounding motorcycle litigation.

Summer brings many of the joys of enjoying the outdoors and recreational activities such as hiking, swimming, and boating. Unfortunately, it often gives rise to tragic accidents associated with those activities, particularly when it comes to boating. According to a report by the New York State Office of Parks Recreation and Historic Preservation (OPRHP), there were 22 reported boating fatalities in 2017 which was the same as 2016.

An analysis recently conducted by the New York Daily News revealed that there were 15 fatal boating accidents in upstate New York in 2017. Many of these fatalities involved people not wearing Personal Flotation Devices (PFDs), commonly referred to as “life-vests.” Drugs and/or alcohol were reported to also be a factor in a number of the deaths.

Persons injured or killed as a result of the negligence of a boat operator have a recourse through the New York civil justice system. Boat operators in New York are not required to maintain insurance, but still may be held liable for injuries caused due their negligence similar to operators of motor vehicles. Usually, responsible boat owners will maintain insurance for injuries caused by their negligence as well as property damage and other items unique to boating. From an attorney’s perspective, an inquiry must be made immediately as to whether the boat owner/operator has applicable insurance and/or the assets available for a meaningful recovery.

Most people approaching the age of 50 knows that their doctor will recommend a colonoscopy to screen for colon cancer. The risk of developing colon cancer increases as you get older. Traditionally, the screening test involves a colonoscopy which requires a bowel prep the day before and a procedure under anesthesia in a hospital or colonoscopy clinic. In an article published on May 30, 2018, The American Cancer Society has now recommended that the screening should take place when a person turns 45 and it does not have to involve a colonoscopy initially. Tests such as home stool tests can be prescribe and could be used as potential screening tests in lieu of a colonoscopy at age 45. It must also be noted that certain populations, such as African-Americans, are at increased risk of developing colon cancer and various medical groups have recommended colorectal cancer screenings for African-Americans be the standard of care at age 45.

The next question will be whether insurance companies will allow their customers and network doctors to perform these tests at age 45. The reality is that colon cancer is the 4th most commonly diagnosed cancer among adults over the age of 55, but it is the second leading cause of cancer death. Medical reports have shown that early detection and removal of colorectal polyps and lesions decreases the incidence of cancer and mortality. Simply stated, colon cancer is a cancer that often can be effectively treated with early detection and intervention. From an insurance company perspective, the cost of an early screening test could potentially save the costs of a delayed diagnosis resulting in cancer metastasis and extensive medical treatment.

From a legal perspective, a medical malpractice attorney will be interested in determining whether the recommendation of the American Cancer Society becomes the standard of care, particularly in New York. The medical malpractice attorneys at Queller, Fisher, Washor, Fuchs & Kool, LLP have over 50 years of experience handling cases arising out of a failure to timely and properly diagnose cancer. We have also handled numerous cases involving colon cancers and colonoscopies.

When tragedies occur, it is natural for people to try to assign blame wherever they can. From a lawyer’s perspective, the issues are rarely as black and white as the general public would like them to be. On Friday morning, a homeless man was found dead under a downtown R train in Brooklyn at the Court Street Station in Brooklyn Heights. According to a report by the New York Daily News, the homeless man fell or was struck by the train while walking on the tracks at approximately 4:00am.

This accident, while undoubtedly tragic, requires a detailed legal analysis to determine who is to blame and if there would be reasonable chance of recovery if a lawsuit was brought. Various areas of New York personal injury law, General Municipal Law, and Estates Powers and Trusts Laws are instantly implicated and need thorough analysis at the outset.

The attorneys at Queller, Fisher, Washor, Fuchs & Kool, LLP have over 50 years of experience in the litigation of personal injury cases. It is this experience in handling these legal matters which gives insight into the appropriate legal analysis of the above-referenced accident and the applicable New York laws. At first blush, the train accident described above involves a man being struck and killed by a subway train. Before the analysis of the relevant culpable conduct of the potentially liable parties can begin, other steps must be taken.